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The FIRST CAPITAL 0/ KANSAS 



Written by Henry Shindler for the Leavenworth Times and 

reprodiieed in Volume XII of Collections of the 

Kansas Historical Society, 1911-12, with notes 

added by the Secretary. 

RESPONDING to a request of the Kansas legislature, 
the Secretary of War in 1910, issued to the 
Historical Society of the State a revocable hcense "to 
take possession of the old station building which was 
the first capitol, at Pawnee," on the Fort Riley mili- 
tary reservation. 

Since taking such possession, the Society has 
caused to be placed upon the walls of the ruins, that 
those who pass on the "Overland Flyer" may read 
this legend: "The First Capitol of Kansas." ' 

Upon what foundation is based this claim for old 
Pawnee, which the sign imphes, has long been a mys- 
tery to those who have been studying Kansas history, 
as furnished in interesting doses by the Society. 
How, by any stretch of imagination, such a conclu- 
sion can be reached, is beyond the ken of the writer. 
As a matter of fact an assembling of all the evidence 
shows that Pawnee has no right to a standing in the 
column of "territorial capitals." It is here asserted 
that if any distinction attaches to having been the 
first territorial seat of government, it belongs to Fort 

1 The legislature of 1901 petitioned Congress to donate 
to the state of Kansas an acre of ground fz-om the Fort Riley 
reserve, on which was located the building in which the first 
legislature met, July, 1855. This failed but resulted in a revo- 
cable license from the Secretary of War, giving the State 
Historical Society of Kansas authority to take possession of 
the ruins of the old capitol. The interest at that time was 
caused by Col. Samuel F. Woolard, of Wichita, and other mil- 



Leavenworth. The writer has no desire to shatter any 
Kansas idols, but if what follows so results those 
who have been setting up false gods to worship should 
be held responsible. 

Now, as to facts. By the organic act (May 30, 
1854) under which the territory of Kansas was orga- 
nized, Congress made the express direction that 

"the seat of government shall be temporari- 
ly located at Fort Leavenworth, and the ex- 
ecutive and legislative assembly are autho- 
rized to use the public buildings there which 
can be spared by the military authorities." 

In the absence of any legislative or executive 
power within this new territory, Congress was the 
only authority which could fix "a temporary seat of 
government" therein, and Fort Leavenworth was so 
designated. 

In August of the same year Congress appropria- 
ted $25,000 for public buildings in Kansas, to be paid 
in event that the Secretary of War should decide it to 
be inconsistent with the interests of the military ser- 

itia officers, who were holding annual encampments on the 
old town site of Pawnee immediately facing the building. In 
October, 1907, Colonel Woolard raised .$500 to restore the 
walls of the buildmg. A bill passed Congress about this time 
donating to the state the acre referred to, but in the mean- 
time the question of policing the ceded territory caused the 
State Historical Society to lose interest in the movement. 
And so, after consultation with the then commanding officer 
it was concluded that if the bill was not mandatory no action 
would be taken. Therefore, the title still remains with the 
federal government. The state legislature never would fur- 
nish a policeman to guard the place, and the military having 
no authority, it would become a great nuisance. However, 
the money having been raised, the walls of the building were 
reinforced by a bountiful supply of cement, a few stones re- 
stored, and some iron rods put in, making it sound for years 
to come. The first attempt at a Kansas legislature was held 
in the building July 2, 3, 4, 5, 6, 1855, hence its claim as a 
capitol. 






— 3— 

vice to permit the use of the public buildings at the 
post. Hon, Jefferson Davis, then Secretary of War, 
was opposed to making a military post a political 
mecca. He told Congress that 

"all of the buildings at the post were needed 
for military purposes, but that the location 
of a seat of government, even temporarily, 
within the lines of a military reservation, 
where military law must prevail, would be 
inconvenient, if not injurious to the public 
service." 

Congress permitted its direction to stand. The 
President appointed Andrew J. Reeder, of Pennsylva- 
nia, governor of the territory. Reeder arrived at Fort 
Leavenworth on October 4, 1854. He established the 
executive offices of the territory in a building the 
military authorities provided. This building stood at 
the northeast corner of the garrison, a one-story build- 
ing, L shape, built entirely of stone.' It was torn 
down in 1893, to make place for the magnificent edifice 

* Captain Henry Kuhn, a surveyor, came to Fort Leaven- 
worth in 1854. He resided there for sixteen years, and knew 
every inch of ground in the post and on the reservation. In 
responding to a request of the secretary of the Kansas His- 
torical Society for information on this subject, he wrote under 
date of May 2, 1886: "The old one-story building, L-shaped, 
where Reeder had his office, is on the north-east corner of 
the plaza (Sumner place) immediately south of the prison 
building, a street 100 feet wide intervening. In the triangle 
formed by two wings, was a stone monument, about three 
feet high, on which was an old fashioned sun-dial. The sun- 
dial was placed there by Lieutenant Sims, of the Ordnance 
Department, and was distinguished from present day sun- 
dials in that it would only give the shadow for the noon hour. 
In a letter from Gen. J. A. Halderman, dated April 8, 
1896, the following description of the governor's office at 
Fort Leavenworth is given: "The furniture consisted of a 
few chairs, writing table, boxes of books covered with news- 
papers for seating visitors, a letter press, stove and other 
crude contrivances of comfort." 



-4— 

now adorning the spot, known as "Pope Hall." For 
his residence the governor had assigned him some 
rooms in a stone building near the executive depart- 
ments, known in the post as the "Rookery," the old- 
est building now standing on the reservation. The 
interior was recently remodeled at considerable ex- 
pense. 

The above, while it establishes the claim that Fort 
Leavenworth was the "first capital of the territory," 
it is not all the evidence on the subject. 

Finding the accommodations for the executive de- 
partments of the territory too limited, the governor 
decided to remove them from Fort Leavenworth to 
the Shawnee Mission Manual Labor School, and this 
he did on November 21, 1854, on which day the post 
ceased to be the capital of the territory, so far as the 
governor was concerned. Whether this removal was 
by authority is not known. At any rate, it was not 
done by any act of Congress and under the law Fort 
Leavenworth continued to be the legally designated 
capital, until the territorial legislature convened and 
designated some other locality. 

At the next session, Congress, heeding the re- 
commendation of Secretary Davis, made an additional 
appropriation of $25,000, coupled with the following 
proviso: 

"That said money, or any part thereof, or 
any portion of the money heretofore appro- 
priated for this purpose, shall not be expen- 
ded until the legislature of said territory shall 
have fixed by law the permanent seat of gov- 
ernment." 

The governor, long in advance of his arrival in 
the territory, was preceded by an army of would-be 
office holders and land speculators from his native 
state. These at once set to work to obtain a "view" 
of the promised land and select a site for a new town 



— 5— 

for a commercial center and the capital of the terri- 
tory The Kaw river having been found navigable to 
its source, formed by the junction of the Smoky Hill 
and Republican rivers that point, being consi- 
dered the geographical center of the United States 
as well as the territory, was deemed suitable and a 
decision reached to locate the town there, to be called 
Pawnee. However, as the lands desired were within 
the Fort Riley military reservation, nothing could be 
done unless the Fort Riley mihtary authorities con- 
sented to exclude the land wanted. That they so con- 
sented is shown by the following extract from a 
communication to the town promoters written by 
Major W. R. Montgomery, Second Infantry, the com- 
manding officer of Fort Riley, who said it 

"gave him pleasure of assuring them as to 
the propriety and necessity for such a mart 
to supply the present and prospective com- 
mercial wants of the citizen community, now 
rapidly locating in* this vicinity, and in view 
of the fact that the point designated below 
One Mile creek is unessential to the require- 
ments of this command, and decidedly the 
most eligible for the purpose specified, I 
cheerfully consent to exclude it from the re- 
serve about being surveyed and definitely 
fixed for the use of this post." 

The field was now clear for action. On Septem- 
ber 27, one week following the receipt of Major 
Montgomery's communication, the Pawnee Townsite 
Association was organized. It consisted of fourteen 
army officers and several territorial officials, including 
Governor Reeder. Among the army officers were 
Major Montgomery, Dr. W. A. Hammond, later Sur- 

^ Major Montgomery was president of the Pawnee 
Town Site Association and Doctor Hammond, secretary. This 
Society has among its manuscripts certificates of shares in 
the association signed by them. 



geon General of the Army, Captain Nathaniel Lyon, 
Second Infantry, the hero of Wilson's Creek, and 
Major E. A. Ogden, quartermaster. The shares of 
stock, or rather the number of acres those named 
members of the association were to receive, follows. 
Governor Reeder, eighty acres. Dr. Hammond, forty 
and one, Robert Wilson, a territory official, eighty, 
while Montgomery was to share with Hammond and 
Wilson jointly. 

The purpose of making the town of Pawnee the 
capital of the territory was kept a profound secret 
among the Pawnee boomers. They believed that 
their scheme could not be carried out if others 
were taken in, thus concluding that a secret policy 
would win. That these Pennsylvanians were not up 
in the game of securing political plunder will be 
shown further on. In a note to Secretary Martin of 
the Historical Society in 1903, General John A. Hal- 
derman, Reeder's private secretary, concerning the 
Pawnee town site said: 

"Governor Reeder, shortly after his arrival 
at Fort Leavenworth, in 1854, made a trip in- 
to the interior, and was reported to have 
spoken words of commendation at sundry 
places and times to the effect, 'this would be 
a magnificent site for the capitol building,' 
etc. I remember that old Squire Dyer, at the 
'crossing of the Blue' had hopes for this place. 
So they did at Tecumseh, Lawrence Leaven- 
worth, and other places. Council Grove was 
a beautiful site, and there was no reason why 
it should be without hope. My frequent 
questionings, 'Where will go the capital?' 
were answered in pleasant evasion. Later 
in confidence, the governor advised me to 
buy in Pawnee. This I did, purchasing from 
him 100 shares. I know he intended to be- 
friend me, though the purchase ended in a 
total loss. From that day I felt sure that 
Pawnee would be selected, though the public 
was not advised until a later date." 



— 7- 

Following the completion of the census in Febru- 
ary, 1885, the governor convoked the legislature to 
meet at Pawnee on July 2, following, and with this 
proclamation came the first official announcement that 
the governor had selected the Pawnee townsite for 
the capital, subject, of course, to the action of the new 
legislature. That the governor was "interested" in 
Pawnee and determined to force the legislature to do 
his bidding, is evident. 

Preparations for the holding of the legislative 
session at Pawnee were rushed along, the prin- 
cipal need being a hall in which to meet, and hotel 
accommodations. For the first named object the 
building now designated as "the First Capitol of 
Kansas" was erected. On this subject Secretary 
Martin of the Kansas Historical Society, in his very 
excellent paper on "The Territorial and Military Com- 
bine at Fort Riley" says: 

"It was two stories, and the council met on 
one floor and the house on the other. The 
officers sat at the end of the building next to 
the fort and the large hole, still there, left 
open through which to handle material, and 
not caused by a cannon ball, was closed dur- 
ing the session by a canvas." 

The legislature met on the day designated by the 
governor in his proclamation. Once organized it 
promptly enacted into law a measure providing for 
the transfer of the "temporary seat of government" 
to the Mission, and, though vetoed by the governor, 
was passed over his head. It then adjourned to meet 
at the Mission, July 16, and thus ended the effort to 
make Pawnee the capital of the territory and rent 
asunder "the Territorial and Military Combine at 

Fort Riley." 

After the legislature re-convened at the Mission 
it enacted several laws which Reeder also vetoed, on 



the ground that the legislature was "not doing busi- 
ness at the seat of government." This body then 
memorialized the President to remove the governor, 
and in answer to the point raised by him in his veto 
the memorial says: 

"One point is, Fort Leavenworth is the seat 
of government, made so by the organic act; 
that a law passed anywhere else than at the 
seat of government would be illegal. That 
he had the right to call the legislature to 
meet at a point not the seat of government, 
(that is. Pawnee), and that laws enacted 
there (though not the seat of government) 
would be legal, thereby destroying the prece- 
ding proposition. Thnt we could have passed 
an act at Pawnee, though not the seat of 
government, and by an illegal adjournment, 
because passed at a pnint not the seat of. 
government, have met such a permanent seat 
of government, and there have made legal 
and binding statutes; or by the same illegal 
process, have adj )urned to Fott Leaven- 
worth the S3at of government, and theie 
have made legal and binding statutes. * * * 
If he believes that Fort Leavenworth is the 
seat of government, and that laws passed 
anywhere else than at that point would be il- 
legal and void, then t^ call us to Pawnee to 
legislate is a willful, del berate ard base at- 
tempt to render all our acts of whatever 
character, wholly illegal and void; because, 
by his own showing, Pawnee is not the seat 
of government, and acts parsed anywhere 
else than at +he seat of government are of 
necessity void, and for which he should be 
removed." 

The supreme court of the territory sustained the 
position of the legislature. It held, that after being 
called into existence, through executive action, au- 
thorized under the organic act, which gave life to 
the territory of Kansas, it became the supreme au- 




.^^^j'fci " 



4 



1 
1 



— 9— 

thority within the territory and not open to challenge 
on the score stated. 

At any rate Governor Reeder was removed from 
office as a result of his speculations in Indian lands, 
etc., Major Montgomery, as soon as his conduct was 
disclosed, was tried at Fort Leavenworth, in July of 
the same year, convicted and dismissed. Of this 
court General Mansfield was president and Robert E. 
Lee and Albert Sidney Johnston members. 

In passing upon the case Secretary Davis said: 

"The Department cannot pass without notice 
the conduct of the other officers of the army 
who engaged in the Pawnee Association to 
establish a town upon the military reserve at 
Fort Riley, If they had no official responsi- 
bility in the case, they have much to re- 
proach themselves for in influencing the 
commanding officer to take the step which 
has involved him in such difficulties." 

In view of this showing the writer hopes the 
Kansas Historical Society will disclaim any further 
distinction for the Pawnee capitol ruins, ask to be re- 
lieved from their further care, and request the Sec- 
retary of War to recall the Hcense issued, so as to 
permit the department to destroy the last vestige of 
this pile of stone, that no more memory may be had 
of a transaction so discreditable to all concerned. 

The Society, if it wishes to mark the spots where 
have stood historic buildings, just as it is aiding in 
marking the old Santa Fe trail, should come to Fort 
Leavenworth and there erect a tablet on the spot 
where stood Kansas' First Capitol, and place one 
upon the building occupied as the governor's first 
mansion in the territory. Such work would be worth 
while, because it would be real history. 

On August 5, 1855, the Shawnee Mission legisla- 
ture, in joint session, located the permanent capital 
at Lecompton. Fixing the permanency of the capital 



—10— 

enabled the territory to obtain the $50,000 Congress 
had appropriated for a capitol building. This sum 
should have been sufficient had it been properly ex- 
pended. As it was, the walls of the building had on- 
ly advanced a few feet above the foundation when 
the appropriation was exhausted. To have completed 
the building upon the scale planned would have cost 
$200,000 to $300,000. 

Governor Geary, who in the meantime had come 
upon the field, was not long in discovering that the 
money was being squandered for salaried inspectors 
and superintendents, and so used the executive ax 
with good purpose. In discharging some of the offi- 
cials Geary wrote to one of them: "As your services 
as superintendent of the capitol building are no 
longer required, you are hereby notified that your ap- 
pointment is revoked from this day." 

In the meantime several influential members of 
the legislature secured large interests in a land com- 
pany that had decided to start a new town in Frank- 
lin county, call it Minneola'and make it the capital. 

* John Conovpr, the gallant colonel of the 8th Kansas 
regiment, now of the hardware firm of Riclmrds & Conover 
Kansas City, Mo., tells a very interesting story of a search he 
made for a territorial capital, donover was born in New 
Brunswick, N.J., November 27,1835. He was the oldest son of 
John and Jane E. (Cornell) Conover, whose ancestors were 
among the earliest settlers of New Jersey. He was educated 
in the common schools of Camden. He came to Kansas on 
March 18, 1857, and settled at Leavenworth. July 22, 1861, he 
entered the army as second lieutenant, and on August 28 was 
attached to company A, 8th Kansas regiment. In December 
he was made a first lieutenant; March, 1862, a captahi; in 
August, 1865, the President brevetted him a colonel for "gal- 
lant and meritorius services.'' He made a gallant record 
with the 8th Kansas during the war, but it is a territorial inci- 
dent we desire to quote. The colonel tells about his search 
for Minneola as follows: 

"Even as late as '58 capitals were scattered promis- 
cuously throughout the state. I started horseback from 



—11— 

The legislature fell in with the scheme, and in Feb- 
ruary, 1858, enacted a law making the change. It 
then applied to the United States for an additional 
appropriation. The President referred the request to 
the Attorney-general of the. United States, and this 
was his opinion, in part: 

Leavenworth in '58 while clerking for Reisinger & Fenlon, 
who had a hardware store on Main street, between Shawnee 
and Delaware, to find the capital of Kansas. I had a note for 
$97.50 for a set of chafing dishes and table appurtenances for 
the eating department of the new capitol, which was located 
on the first floor of the capitol building. The note was made 
and signed by Dr. J. B. Davis, Cyrus Fitz Currier, of Leaven- 
worth; O. A. Bassett and Joel K. Goodin of Lawrence; E. C. 
K. Garvey and a lawyer by the name of Blackwefl,of Topeka, 
but none of them had means enough to pay, at least that is 
what they said. The capital that I was looking for was Min- 
neola, Kansas. I stopped at Lawrence overnight and the 
next day started south. I met a farmer and his wife in a wa- 
gon at a crossing of the Wakarusa, and inquired where Min- 
neola was. They said they had never heard of it. I rode 
about three miles further, met another couple in a wagon and 
they stated they did not know of any town of that name. 
Riding three or four miles further I met a man coming up 
horseback who said he had heard some talk about the capital 
but did not know where it was. About three miles further on 
I met a carpenter riding an old mare, bareback, with a blind 
bridle. I inquired if he knew where the new ca]>ital of Kan- 
sas was. He said. 'Yes siree.' He had been working on the 
capitol building. 'You go one and a half mile further and 
you can see it about a mile off to the right.' I found it. The 
legislature had met there one morning about a week before 
and adjourned that afternoon to meet at some future time at 
Leavenworth. I was on a collecting tour, so I rode to Tope- 
ka and then to Manhattan, and then back to Leavenworth." 

The following concerning the town of Minneola is taken 
from a paper on "Some Lost Towns in Kansas" by Geo. W. 
Martin, secretai-y of the Historical Society, published in its 
twelfth volume, 1911-12. 

"In reading of the early days in Kansas frequent mention 
is made of a town called Minneola. Minneola was one of the 
most remarkable of all the projected towns in Kansas terri- 
tory, and by only a hair's breadth did it miss becoming the 



—12— 

". . . Congress did not decide where the 
permanent seat of government should be, but 
located it temporarily at (Fort) Leavenworth, 
The territorial legislature, then, had power 

capital and perhaps the metropolis of the state. The capital 
was at Lecompton, but the 'free-state legislature had a fashion 
of adjourning its sessions from that town to Lawrence on ac- 
count of a proslavery reputation of Lecompton. This sort of 
a movable capital was not satisfactorj', however, and under 
the leadership of Perry Fuller, of Lawrence, a scheme was 
evolved to go to Franklin county and start a capital in the 
midst of the virgin prairie. At the suggestion of E. N. Mor- 
rill, the new town was called Minneola, and the list of stock- 
holders in the town company included almost every prominent 
leader in the free-state cause, including a majoi'itj^ of the 
members of the legislature. At once nine quarter sections 
of land wei*e purchased, at a cost of .'^3131. Money was raised 
by assessment and by mortgage. Inside of a week a hotel 
costing $8000 had been completed, as well as a large hall to be 
used for legislative purposes. On February 10, 1858, the legis- 
lature, sitting at Lawrence, passed a bill making Minneola 
the territorial capital, but this bill was vetoed by Acting Gov- 
ernor Denver. Then an appeal was taken to the attorney 
general of the United States, who decided that the bill was in 
violation of the organic act, and therefore void. 

"The same legislature which adopted the capital bill 
made provision for a number of railroads centering at Min- 
neola. Maps and bird's-eye views issued by the company 
are still in existence, and made the town appear as a great 
railroad center. Before the decision of the attornej^ general 
town lots in choice localities sold at phenominal figures. 
Many buildings went up, and the town had several hundred 
population. Although afterward it became the county seat 
for a brief period, its downfall dated from the constitutional 
convention which had been called by the legislature to meet 
there. This was March, 1858. The convention met in the 
big hall, and James H. Lane was elected chairman. At this 
print a motion was made to adjourn to Leavenworth. It was 
supported by all the delegates from localities which had am- 
bitions to secure the state capital, and after a debate lasting 
all day and all one night the motion was carried. This con- 
vention was the one that drew up the Leavenworth constitu- 
tion, It sealed the fate of Minneola, and today the former 
town site is the place of half-dozen farms, and there is no- 
thing to show its former glor3^" 



—13— 

to remove it as they saw proper, either for a 
short time or for all time. But Congress, 
when the appropriation of 1855 was made re- 
quired, as a condition precedent to the pay- 
ment of the money, that the seat of govern- 
ment should be permanently located, and left 
the territory, through its legislature, to do • 
that for itself. Making a permanent loca- 
tion certainly did not mean designation of a 
place merely for the purpose of getting the 
money, and then making another change. 
Such a removal, if carried out, would defeat 
the manifest intention of Congress, violate 
the spirit of the act, and be a fraud upon the 
United States." 

This blocked the scheme to make Minneola the 
territorial capital. The town was well laid out on a 
map, all the roads in the United States pointing in 
that direction, and, according to a prospectus, was 
the coming center of population and commerce. But 
it died. 

Pawnee was an excellent location for the seat of 
government. Had Governor Reeder and his Pennsyl- 
vania friends confided tlieir purpose to some of the 
legislature's influential members some time in ad- 
vance of its session in July, 1855, and taken them in 
as shareholders, it is doubtful if any adjournment 
had been taken to Shawnee Mission, and it is not un- 
likely that Kansas' capital would have been at Paw- 
nee and Junction City. That Minneola was out of 
the question, because of locality, was quite certain; 
that it was born in fraud official records prove. 

Lecompton continued to be the capital until 1861, 
when the act of Congress ratifying the Wyandotte 
constitution of 1859 was approved by the President, 
which provided that Topeka should be the temporary 
capital. 



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